Charlotte Gilmartin, Author at The QMLR Archive

A Fresh Inquest – Necessary or Desirable?

HM Senior Coroner for Gwent, Re Inquest into the Death of Vaughn, Re [2020] EWHC 3670 (Admin) A fresh inquest was ordered by the High Court in circumstances where the Deputy Coroner had been unaware of the presence of a suicide note which later came to light. Facts In April…

By Charlotte Gilmartin July 5, 2021Inquests, Issue 9fresh inquest

Clinical negligence Issue 7

Private International Law and Clinical Negligence (Part 2)

Roberts v Soldiers, Sailors, Airmen and Families Association – Forces Help [2020] EWCA Civ 926 The Court of Appeal has confirmed that the Civil Liability (Contribution) Act 1978 (“the 1978 Act”) has extra-territorial effect and applied its limitation period to a contribution claim brought by the MOD and Soldiers, Sailors,…

By Charlotte Gilmartin March 8, 2021Clinical negligence, Issue 7birth injury, limitation, private international law

Clinical negligence Issue 6 Procedural

Private International Law and Clinical Negligence

Roberts v Soldiers, Sailors, Airmen and Families Association [2020] EWHC 994 This article originally appeared in Issue 6 (September 2020). The High Court decided two preliminary issues of private international law in a claim alleging negligence of a midwife resulting in acute profound hypoxic brain injury at a hospital in…

By Charlotte Gilmartin September 1, 2020Clinical negligence, Issue 6, Proceduralbirth injury, limitation, private international law

Issue 5 Public

Transgender Fathers and Birth Certificates

R (McConnell and YY) v Registrar General [2020] EWCA Civ 559 This article was originally published in Issue 5 (May 2020). The Court of Appeal has revisited the tension between the wish of a transgender person to have their legal gender recognised on their child’s birth certificate and the right of…

By Charlotte Gilmartin May 1, 2020Issue 5, PublicArticle 8, transgender people

Inquiries Issue 5

How to Improve Patient Safety Post-Paterson

Report of the Independent Inquiry into the Issues raised by Paterson This article originally appeared in Issue 5 (May 2020). The report of the Independent Inquiry into the case of surgeon Dr Ian Paterson was published on 4 February 2020. It makes for harrowing reading. One of the Inquiry’s key…

By Charlotte Gilmartin May 1, 2020Inquiries, Issue 5

Abuse/Child Abuse Issue 4

Sexual Abuse – A Third Party’s Fault?

BXB v Watch Tower and Bible Tract Society of Pennsylvania [2020] EWHC 156 (QB) This article originally appeared in Issue 4 (March 2020). On 30 January 2020, Mr Justice Chamberlain gave judgment in BXB v (1) Watch Tower and Bible Tract Society of Pennsylvania (2) Trustees of the Barry Congregation…

By Charlotte Gilmartin March 1, 2020Abuse/Child Abuse, Issue 4limitation, vicarious liability

Issue 3 Public

What is a ‘Mother’ in Law?

TT, R (on the application of) v The Registrar General for England and Wales [2019] EWHC 2384 (Fam) This article originally appeared in Issue 3 (November 2019). A person who undergoes the physical and biological process of carrying a pregnancy and giving birth, irrespective of gender? This was the ruling…

By Charlotte Gilmartin November 1, 2019Issue 3, PublicArticle 8, transgender people